Advanced Managing Contractual Claims
Select Other "city & date"
Advanced Managing Contractual Claims Course
Introduction:
This course aims to equip participants with both foundational knowledge and advanced skills to effectively manage claims, variations, and disputes between principals and contractors. Through interactive learning, participants will gain the ability to analyze contractual issues, employ techniques for handling challenging situations, and apply best practices to achieve amicable dispute resolution.
Course Objectives:
By the end of the course, participants will be able to:
- Identify and avoid causes for contractual claims and change orders
- Outline the major types of change orders and draft a variation order and a notice of breach
- Recognize and analyze the different types of owners' claims and contractors' claims and explain how to deal with each type
- Demonstrate, through actual situations, the different approaches to handle claims, variation orders, and conflicts through mutual collaboration
- Apply negotiation as the main concept in resolving disputes and conflicts in order to reach a final settlement
Who Should Attend?
All those involved in implementing and administering contracts and handling claims and change orders as well as those involved in any conflict or dispute with a contracting party. In addition, this course is valuable for anyone interested in learning how to avoid or resolve contractual issues.
Course Outlines:
Overview
- Elements of a contract
- Contract terms and conditions
- Basic concepts in contract law:
- Force majeure
- Notices: the neglected clause
- Breach of contract
- Right to remedy
- Indemnifications and liabilities
- Contract termination
- Why do claims occur: the red flags
- Change requests
- Definitions of claims and disputes
- Claim process
Change Management
- Why change management
- Change order
- Agreement on estimating process
- Types of changes and variations
- Directed changes
- Constructive changes
- Cardinal changes
- Process of change management
- Writing a variation order
Claims Nature and Types
- Documentation of the event – notices
- Procedure and presentation of contractor’s claims
- Drafting a notice
- Owner’s claims
- Defective work
- Warranty claims
- FIDIC owner’s claims
Contractor’s Claims
- Changed conditions
- Constructive changes
- Delays and suspensions
- Deficiencies in plans and specifications
- Program extensions
FIDIC Contractor’s Claims
- Delayed drawings or instructions
- Right of access to the site
- Unforeseeable physical conditions
- Delays caused by authorities
- Reaching a settlement
- Drafting a claim
- Claim evaluation
Resolving Claims and Disputes
- Monetary damages
- Disputes and settlement of disputes
- Alternative dispute resolution:
- Negotiation: common practices
- Mediation: neutral third party
- Arbitration: binding and non-binding
- Resolution through legal means
Negotiation
- Partnering with suppliers
- Negotiation objectives
- Communication and negotiation
- Negotiating claims